Australia Visa Processing Priorities 2026: New Rules Explained

Why Have the Visa Processing Priorities Changed?

Ministerial Directions allow the Australian Government to establish the order in which particular visa and nomination applications should be processed.

The new Directions replace previous processing arrangements and introduce a greater focus on:

• Whether the primary applicant or nominee was inside or outside Australia when the application was lodged
• Occupations connected to Australia’s law enforcement and defence interests
• Healthcare, teaching and construction occupations
• Partner and dependent child applications
• Applications that can be granted while the primary applicant is in Australia

The changes may affect applicants differently depending on their visa category, occupation, location at the time of application and individual circumstances.

Ministerial Direction 117: Family Visa Processing Priorities

Ministerial Direction 117 establishes the order in which Family visa applications must generally be considered and disposed of.

It revokes and replaces Ministerial Direction 102. Direction 117 commenced on 25 July 2026, meaning the priorities previously established under Direction 102 have ceased and are replaced by the new order.

Which Family Visa Applications Are Affected?

Direction 117 applies to relevant Family visa applications:

• Made on or after 25 July 2026
• Made before 25 July 2026 but not finally determined by that date
• Remitted to the Department by the Administrative Review Tribunal or a predecessor of the ART

Family Visa Subclasses Covered by Direction 117

Direction 117 applies to prescribed Family visa classes, including the following visa subclasses.

Onshore Applications Receive Higher Priority

The most important structural change under Direction 117 is the introduction of a two-level processing system.

At the first level, higher priority is generally given where:

• The primary applicant was in Australia when the application was lodged
• The visa can be granted while the applicant is in Australia

These applications are placed ahead of applications where:

• The primary applicant was outside Australia when the application was lodged
• The applicant must be outside Australia when the visa is granted

The existing Family visa category order is then applied within each of these groups.

Family Visa Processing Priority Order

Within the onshore and offshore groups, Family visa applications are generally prioritised in the following order.

What Happens to Secondary Applicants?

An applicant seeking to satisfy the secondary criteria for a Family visa receives the same processing priority as the primary applicant.

This applies whether the secondary applicant’s application is combined with the primary applicant’s application or is otherwise permitted under the Migration Regulations.

Interaction Between Direction 117 and Direction 103

Direction 117 sets the general processing priorities for Family visa applications.

However, Ministerial Direction 103 separately regulates the order for considering and disposing of applications affected by annual limits imposed under section 85 of the Migration Act.

Where there is a conflict between Directions 117 and 103, Direction 103 takes precedence.

What Is a Section 85 Visa Cap?

Section 85 allows the Minister to set a maximum number of visas of a specified class that may be granted during a particular financial year.

A cap does not necessarily stop the Department from considering an application. However, once the maximum number of visas has been reached, further grants in that capped class cannot generally be made until the next applicable period.

These caps are particularly relevant to Parent visa categories.

Applications Not Covered by Direction 117

Direction 117 does not apply where it is readily apparent that the applicant would not satisfy the visa grant criteria.

The Direction also does not apply directly to the Administrative Review Tribunal.

Although certain applications remitted by the ART may be processed under Direction 117 after being returned to the Department, the Direction does not control the ART’s own review process.

Compassionate and Compelling Circumstances

A Departmental delegate may depart from the standard processing order in a particular case where the applicant satisfies the delegate that:

• The application involves special circumstances of a compassionate nature
• There are compelling reasons to depart from the normal priority order

The delegate may also consider any other matters they believe are relevant.

Priority processing based on compassionate circumstances is not automatic. Each request must be considered according to the particular facts and supporting evidence.

Does an Earlier Application Have to Be Finalised First?

Not necessarily.

Direction 117 refers to subsection 51(2) of the Migration Act, which provides that an earlier application is not automatically considered unreasonably delayed merely because a later application has already been considered or finalised.

Applicants should therefore avoid assuming that applications must always be decided strictly according to their original lodgement dates.

How Direction 117 Differs from Direction 102

Much of the six-level Family visa processing order remains consistent with the previous Direction. The compassionate circumstances exception also continues.

The major change is the additional two-level division that places eligible onshore applicants ahead of offshore applicants before applying the existing Family visa category priorities.

In practical terms, the Department now considers both:

1. The applicant’s location and whether the visa can be granted onshore
2. The applicant’s Family visa category

Ministerial Direction 119: Skilled Visa and Nomination Priorities

Ministerial Direction 119 establishes the processing order for certain skilled visa applications and employer nomination applications.

It revokes and replaces Ministerial Direction 105, dated 14 December 2023.

Direction 119 commenced on 25 July 2026.

Which Applications Are Affected by Direction 119?

Direction 119 applies to relevant nomination and visa applications:

• Made on or after 25 July 2026
• Made before 25 July 2026 but not finally determined by that date

Nomination Applications Covered

For nomination applications, Direction 119 covers:

• Subclass 186 Employer Nomination Scheme
• Subclass 187 Regional Sponsored Migration Scheme
• Subclass 482 Skills in Demand
• Subclass 482 Temporary Skill Shortage
• Subclass 494 Skilled Employer Sponsored Regional Provisional

The inclusion of the Skills in Demand stream of the Subclass 482 program is significant because it was not previously included under Direction 105.

Skilled Visa Applications Covered

Skilled Visa Processing Priority Order

Direction 119 establishes five priority groups.

The same general five-tier structure applies to nomination applications and primary visa applications.

Processing priority is based mainly on:

• The nominated or relevant occupation
• Whether the nominee or primary applicant was in or outside Australia when the application was lodged

Applications Not Covered by Direction 119

Direction 119 does not apply to certain applications, including:

• Nomination or visa applications remitted by the AAT or ART for reconsideration
• Cases where the AAT or ART has set aside a decision and substituted a new decision
• Applications where it is readily apparent that the nomination approval or visa grant criteria would not be satisfied
• Certain subsequent applications by family members who did not make a combined application with the primary applicant
• Nomination applications relating to a change of employer
• Proceedings conducted by the ART itself

Applicants should obtain advice about their specific circumstances rather than assuming the Direction applies to every application connected to a listed visa subclass.

Combined Skilled Visa Applications

Where a family member’s visa application has been validly combined with the primary applicant’s application, the combined application receives the same processing priority as the primary applicant.

Direction 119 and Section 85 Caps

Where a section 85 cap applies to a visa class covered by Direction 119, applications are prioritised according to the same five-level order.

However, a higher processing priority does not override the legal effect of an applicable cap on the number of visas that may be granted.

How Direction 119 Differs from Direction 105

Direction 119 represents a significant change from the previous skilled visa processing framework.

Under Direction 105, higher priority was generally given to:

• Certain nominations and employer-sponsored applications for occupations in designated regional areas
• Healthcare and teaching occupations
• Applications connected to accredited sponsors

Direction 119 changes this structure.

• Law enforcement and defence occupations now receive the highest priority
• Construction occupations are added alongside healthcare and teaching
• Onshore applicants are prioritised ahead of comparable offshore applicants
• The designated regional area priority tier has been removed
• The accredited sponsor priority tier has been removed
• The Skills in Demand Subclass 482 program is now covered

These changes mean that regional location or accredited sponsor status may no longer provide the same standalone processing priority that existed under the previous Direction.

What Do the New Directions Mean for Current Applicants?

Pending Applications May Be Reordered

An application lodged before 25 July 2026 does not necessarily remain under the processing priorities that existed when it was lodged.

If the application had not been finally determined by 25 July 2026 and falls within the scope of Direction 117 or 119, it may be processed under the new priority structure.

Being Onshore May Affect Processing Priority

Both Directions place greater emphasis on whether the applicant or nominee was inside Australia when the relevant application was made.

For Family visas, eligible applications made onshore that can be granted onshore receive priority over relevant offshore applications.

For skilled visas and nominations, onshore applicants are placed ahead of comparable offshore applicants across the new priority structure.

Occupation Has Become More Important

Under Direction 119, law enforcement and defence occupations receive the highest priority.

Onshore healthcare, teaching and construction occupations form the next major priority category.

Applicants in other occupations are generally prioritised according to whether they were onshore or offshore at the time of application.

Priority Is Not the Same as Eligibility

A higher processing priority does not:

• Guarantee approval
• Remove the need to satisfy the visa criteria
• Correct missing or inaccurate documents
• Override health, character, nomination or sponsorship requirements
• Override a statutory visa cap
• Guarantee a specific processing time

Priority Does Not Guarantee Immediate Finalisation

Even where an application falls within a higher category, processing may depend on:

• Whether all required documents have been provided
• Health and character assessments
• Sponsor or nomination assessments
• Requests for further information
• Identity and integrity checks
• Annual visa caps
• The individual complexity of the application

The Directions establish processing order, not guaranteed decision dates.

What About Ministerial Direction 120?

Ministerial Direction 120 relates to Class BX visas and also commenced on 25 July 2026.

However, the source information used for this article does not provide the detailed provisions, visa categories, exclusions or processing order under Direction 120.

Applicants affected by a Class BX visa should review the complete Direction or obtain professional advice before relying on a general summary.